Business

Merry Christmas, You're Fired. PS, Sorry About Your Cancer.

MayorBob.

Posted to Business on Fri Jan 11, 2008 at 01:25:13 AM EST (promoted by port1080). RSS.

There are bad bosses and then there are world class bad bosses.  Your garden variety bad boss might have you run personal errands for him or her or take all the credit for your hard work or stiff you on overtime.  But a world class bad boss will fire you right before Christmas because you've been off work with cancer.  A real life example of such a world class bad boss is Florida Fourth Circuit Court Judge Aaron Bowden.

Christine Birch, by all accounts, was an exemplary employee.  The 54-year-old Jacksonville, Florida resident served as the judicial assistant to Judge Bowden for more than 17 years.  But Birch's five-year battle with cancer worsened last year.  She took off on approved leave back in August, leaving Bowden without an assistant.  Apparently Bowden managed to judge on by borrowing the services of other judicial assistants in the Duvall County Courthouse.  Bowden was informed the court was going to be subject to a 60 day hiring freeze effective 15 December.  He asked the county court administrator if this meant he couldn't hire a replacement for Birch for at least 60 days.  Affirmative was the response back.  Bowden then jotted off the following note to Birch:

"It is apparent to me that you are not able to return to work within a reasonable period of time.  Thank you for your conscientious and loyal service. You will always have a special place in my heart."
Not only did Bowden terminate Birch from her (US)$39K per year job, it also left her without medical, life or disability insurance.  The reaction around the courthouse was fast and furious.  Chief Circuit Court Judge Donald Moran called Bowden "a no-good son of a bitch" and reinstated Birch back on the court payroll, albeit at a lower paying job.  Judge Bowden, feeling unfairly criticized by Moran responded with his own email defense.  He took umbrage at Moran's characterization of him, mentioned he had tried to offer helpful advice to Birch during her absence, and was concerned he could be without an assistant "for as much as six months" if Birch died while still on leave.  Of course, as he composed that email, he had passed the four month mark in being without an assistant.

Bowden's firing of Birch also enraged the other assistants at the courthouse, most of whom collected enough money to pay for her rent.  Most of them shared the opinion of Donna Vail who said what happened to Birch "could happen to any of us" and "Chris Birch has been a loyal employee to Judge Bowden ... who has been terminated for strictly health issues and not for her service to her judge."  How much of a bad boss does this make Aaron Bowden?  Bad enough to get nominated as 2008's earliest mention as "Judge Of The Day" by one legal blogger who didn't mean that in a nice way.

Tags: edited by Port1080, written by MayorBob, employment, firing, medical insurance, cancer (all tags)

This story: 8 comments (2 from subqueue)
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1

They couldn't get a temp?

3fingerspointback.

Fri Jan 11, 2008 at 02:33:57 AM EST

none

At my company at least, medical leave pay is handled like insurance purchased by a business, in that a third party handles the payments while the employee is on leave.  But maybe this isn't like my company, let's just read the article...

But Moran's judicial assistant, Mary Lou Martinson, said she had assigned one of the rotating assistants to Bowden full-time at his request.

He already had a replacement?  That's even worse!

(is 3fingerspointback)

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Re: They couldn't get a temp?

thefadd.

Fri Jan 11, 2008 at 02:59:44 AM EST

none

The guy's just an idiot. If they could reinstate her back onto the payroll despite the hiring freeze, then obviously they could have worked something out in this situation had he pursued it. It seems to me that he didn't think it through and Birch is just lucky to work in a situation where her boss's boss has a brain and isn't some faceless corporate behemoth full of people "just doing their job."

Extended medical leave can still hit the bottom line. I've worked at companies before with this situation. I knew someone tangentially who was on leave for 6+ months. In that case, they couldn't legally fire her while she was gone but they sure as hell did when she got back. The view was that she had hurt the company by staying on the doll and not contributing for so long. Of course, knowing the company, she probably sued and won anyway.

It is easy to buy small plaster models of what you think life is like.

3

Disclosure: I'm a man

skeeter1.

Fri Jan 11, 2008 at 02:10:05 PM EST

none

Why is that important?  Because the worst bosses I've had were men.  The last two I worked for were eventually fired after I left my positions.  Both were arrogant assholes.

OTOH, I've worked for several female bosses, and they were considerate, compassionate (and I don't mean in the GWB way), respectful, not trying to steal my thunder, but enhance it, etc.

One woman boss was left out in the cold, which was very unfortunate.  She had more people skills than anyone I've ever worked for.  A tremendous loss for everyone involved, as far as I'm concerned.

Another went on to start her own bakery and deli restaurant, Lelolai, and is doing quite successfully, and can thumb her nose at the ones who dumped her (and have subsequently either been fired or "retired").  Order something from Alma's online store, and I can guarantee you won't be disappointed.  I can recommend the Polvorones and Dulce de Coco.  She's a former registered medical technologist, who I've known for 25 years.  Probably runs the cleanest restaurant in town.

A couple of others (from my PC Magazine days), are now working for one of their former underlings, and an associate of mine, at Early American Life magazine.  

These ladies all were fine people who got bumped by bastard male bosses that saw them as a threat.  I've seen too many males work their way up the ladder simply because they were tall, good-looking ass-kissers, and I'd rather work for a competent woman any day.  

[/end of rant]

there's only one way to find out...

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Re: Disclosure: I'm a man

thefadd.

Fri Jan 11, 2008 at 06:41:04 PM EST

none

Probably the single best boss and the single worst boss I've had were both women. Women or men, everyone else was mixed up in the middle. Not only could I not say one sex was worse or even more inclined to be worse in general but I couldn't even generalize about their management styles. If you want a generalization, though, I will say that the jewish bosses I've had have been both the most demanding and the most rewarding to work for.

It is easy to buy small plaster models of what you think life is like.

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Re: Disclosure: I'm a man

skeeter1.

Fri Jan 11, 2008 at 08:44:55 PM EST

none

As long as we're generalizing, I've only had one Jewish boss, a man, for 9 years in the 60's and 70's.  He is a great guy, and remains a friend of mine.  He expected a lot, but gave me the freedom to do what I thought I should do.  

On the few times when we were swamped with work (the graphic arts field) and asked me to work on a Sunday, he'd spring for lunch at a fairly expensive Italian restaurant across the street.  

Thanks to working for him, I managed to go to college without ever having a student loan, and still had enough left over to buy a couple of new cars.

I'm afraid my latest experience with the work ethos is just not the same.  Yes, I did have one male boss in between the two assholes who was a great guy, and pretty much forced out of his job because he was too intelligent for his superiors.  He's since gone on to become a VP at a major hospital.  Guess who gets the last laugh?

I guess I shouldn't have made this a gender war, but some of the men I've worked for (or with) have been idiots, but the women who managed to get that far up the totem pole weren't.  

there's only one way to find out...

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Re: Disclosure: I'm a man

thefadd.

Fri Jan 11, 2008 at 09:59:20 PM EST

none

I suppose it could be generalized to industry...some places I think a woman is made to feel like she's got to a bitch to get on because otherwise she's not taken seriously by the good old boys network.

It is easy to buy small plaster models of what you think life is like.

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Re: Disclosure: I'm a man

skeeter1.

Fri Jan 11, 2008 at 11:17:22 PM EST

none

There's a lot of truth to that.  The last place I worked for was FILLED with the Good Old Boy network.  The women who didn't cow-tow to that or challenged it were shut out.  Most of the better men went on to better jobs, and many of the women were unjustifiably left out of the loop.  

Going a bit more back on topic, I hope anyone, man or woman, who is shut out of a job for a little incident like cancer (been there myself) gets a good lawyer and sues the shit out of them.  

there's only one way to find out...

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Re: Disclosure: I'm a man

thefadd.

Mon Jan 14, 2008 at 01:34:17 PM EST

none

Yeah, I recall a friend of a friend who worked through cancer and was very secretive about letting anyone know for fear of being "conveniently" let go at some point lest she be perceived as someone the company would have to bear...what a shitty company.

In relation to your original point, I once worked a job where the male head of the department had filled his staff with 10 men and a woman. When he retired and a woman came on board from outside the department, she immediately expanded the department, filling it women. Didn't really work out so well for either of them.

It is easy to buy small plaster models of what you think life is like.

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